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2023 Supreme(Bom) 1230

SHARMILA U. DESHMUKH
Dagadu Shivaji Lodhe – Appellant
Versus
Bhaurao Fakira Dongre – Respondent


JUDGMENT :

Sharmila U. Deshmukh, J.

1. Heard.

2. The challenge in the petition is to the order dated 10.06.2020 passed by the 2nd Joint Civil Judge, Junior Division in Miscellaneous Civil Application No.05/2009, whereby the application filed for correction of sale deed executed pursuant to the decree came to be rejected on the ground of limitation.

3. This is a peculiar case in which in spite of decree being passed in their favour in the year 1979, the decree holders are unable to enjoy the fruits of their decree due to an inadvertent mistake caused in filing the execution application.

4. The original plaintiff had instituted suit being RCS No.113/1975 for redemption of mortgage by conditional sale, which was decreed on 05.05.1979. The decree was put in execution and came to be satisfied by executing sale deed through the Court. In the execution application, due to an inadvertent error on part of the original plaintiffs, the gut numbers came to be stated as Gut No.141 instead of Gut No.111. As far as survey numbers is concerned, the survey numbers were correctly referred to and the

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